When someone is pulled over and arrested for driving under the influence (DUI) in Arizona, at one point or another in the process, a law enforcement officer will make a note of the driver’s recorded blood alcohol concentration (BAC) level, either attained through a breathalyzer test or a chemical test back at the station. The noted BAC level is significant for the overall process of charging, prosecuting, and penalizing (if a conviction is secured) the driver because different BACs correlate with different DUI crimes. In Arizona, there are five key BAC levels recognized under the state’s DUI laws, and it is important for you to know them all in case you ever find yourself charged with a DUI.
What is BAC & How Is It Measured?
BAC, or blood alcohol concentration, measures the percentage of alcohol in a person’s bloodstream to determine the approximate level of their impairment. For example, a BAC of 0.08% means there are 0.08 grams of alcohol per 100 milliliters of blood. It’s typically measured using breathalyzers, which estimate BAC based on the alcohol in a person’s breath, or through blood or urine tests for more accurate readings.
BAC Threshold for the Average Arizona Driver
For most adult drivers in Arizona, the legal BAC limit is 0.08%. If your BAC measures 0.08% or higher, you can be charged with a DUI, even if you are not exhibiting any erratic driving behaviors. According to the official Arizona Department of Public Safety website, any driver who has a BAC level of 0.08% or greater is “presumed under the influence,” which justifies an arrest almost by default.
Lower BAC Limit for Commercial Drivers
Drivers who hold a commercial driver’s license (CDL) are held to a stricter BAC threshold of 0.04%. This lower percentage is meant to acknowledge that greater control and concentration are needed to safely drive a large vehicle or while transporting goods and passengers. Commercial drivers charged with a DUI not only face legal penalties, but they may also encounter consequences that affect their livelihood—such as the loss of their CDL.
Zero Tolerance for Underage Drivers
For drivers under 21, Arizona enforces a zero-tolerance policy for alcohol use. If their BAC is above 0.00%, they can face DUI charges as an underage driver. For example, even a small sip of alcohol that results in a detectable BAC may lead to legal trouble.
Elevated BAC Can Lead to Extreme DUI Charges
Arizona law allows for an “Extreme DUI” charge if a driver’s recorded BAC is between 0.15% and 0.199%. This category comes with elevated penalties, including mandatory jail time, steep fines, and additional requirements such as the use of an ignition interlock device. While the consequences are more severe for Extreme DUIs, it’s important to know that these charges can still be challenged. With talented legal representation, it’s possible to protect your rights and work toward a fair outcome.
Highest Possible DUI Charge – Super Extreme DUI
A “Super Extreme DUI” applies when a driver’s BAC reaches 0.20% or higher. At this BAC level, impairment symptoms like slower reaction times, drowsiness, and blurred vision are all but guaranteed. The penalties for this level of impairment are even more severe than an Extreme DUI, with longer jail or prison times, higher fines, and other significant consequences.
For Knowledgeable DUI Defense, Call MayesTelles PLLC
No one intends to drive while intoxicated, but mistakes can and do happen. If you were pulled over and charged with a DUI, turn to MayesTelles PLLC and our Phoenix DUI defense lawyers right away. We have the skill, experience, and knowledge to handle any DUI defense case that involves any type of charge or any level of BAC on record.
Call (602) 428-7104 and request a consultation – we keep our phone line open at all hours because we know DUI arrests can happen at any time.